Ohio Admin. Code 4141-32-01 - Determination of seasonal status
(A) No industry or employment shall be deemed
seasonal unless it is determined to be seasonal by the director.
(B) Any employer seeking to be determined a
"seasonal employer" by the director shall file with the director a written
application to be determined to be a seasonal employer and for classification
of its employment as seasonal. The application shall contain the following
information:
(1) The total number of
individuals employed by the employer in the fifty-two week period ending with
the last week of the most recently completed seasonal period;
(2) The number of individuals employed by the
employer in seasonal employment in the proposed seasonal industry in the
fifty-two week period ending with the last week of the most recently completed
seasonal period;
(3) The number of
individuals employed by the employer who are not in seasonal employment in the
proposed seasonal industry and are in administrative and maintenance
operations;
(4) The beginning and
ending date of the proposed seasonal period;
(5) The nature of the operations and business
conducted by the employer; and
(6)
The employer's state unemployment tax account number.
(C) The application to be determined to be a
seasonal employer and for classification of seasonal employment must be signed
by a duly authorized representative.
(D) Definitions:
(1) "Seasonal employer" means an employer
whose operations and business are substantially all in an industry in which it
is customary to operate because of climatic conditions or because of the
seasonal nature of such industry only during regularly recurring periods of
forty weeks or less duration in any consecutive fifty-two week
period.
(2) "Seasonal industry"
means an industry in which it is customary to operate because of climatic
conditions or because of the seasonal nature of such industry only during
regularly recurring periods of forty weeks or less duration in any consecutive
fifty-two week period.
(3)
"Seasonal employment" means employment for a seasonal employer in a seasonal
industry only during the employer's seasonal period. An individual who works
for a seasonal employer outside of the employer's seasonal period shall not be
considered in seasonal employment.
(E) The director shall determine whether the
employer is a "seasonal employer" and if so establish the seasonal period. No
seasonal period shall be established which exceeds forty weeks in duration in
any consecutive fifty-two week period.
(F) Any employer determined to be a seasonal
employer shall submit to the director annually, no later than sixty days prior
to the beginning date of the proposed seasonal period, the information provided
under paragraph (B) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 4141.13, 4141.14
Rule Amplifies: 4141.33
Prior Effective Dates: 05/29/1990, 07/01/1998, 01/15/2001, 11/12/2018
Promulgated Under: 119.03
Statutory Authority: 4141.13, 4141.14
Rule Amplifies: 4141.33
Prior Effective Dates: 05/29/1990, 07/01/1998, 01/15/2001
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